NECESSITY,
FUNCTION, AND CONFORMITY: In the course of regulating construction in or along
streams pursuant to KRS 151.250, the Environmental and Public Protection
Cabinet frequently encounters actions or proposed actions which are of such
nature or location as to have little potential for damage or such that any
damage which would occur is limited in extent to the immediate vicinity of the
action. This administrative regulation exempts construction of this type from
the provisions of KRS 151.250.

Section 1. A
construction permit pursuant to KRS 151.250 shall not be required for
construction in or along a stream whose watershed is less than one (1) square
mile, except for the construction of dams as defined by KRS 151.100 or other
water impounding structures or for any construction that does or may endanger
life or cause severe damage to residential or commercial property.

Section 2. A
construction permit pursuant to KRS 151.250 shall not be required for a
subfluvial utility or pipeline crossing provided that the construction of the
crossing meets the following criteria:

(1) During the
construction of the crossing, no material may be placed in the stream or in the
flood plain of the stream to form construction pads, coffer dams, access roads,
etc., unless prior approval has been obtained from the cabinet.

(2) The trench
shall be backfilled as closely as possible to the original contour. All excess
material from construction of the trench shall be disposed of outside of the
flood plain unless the applicant has received prior approval from the cabinet
to fill within the flood plain.

(3) For subfluvial
crossings of erodible channels, there shall be at least thirty (30) inches
clear to the top of the pipe or conduit at all points.

(4) For subfluvial
crossings of nonerodible channels, there shall be at least six (6) inches of
clear cover above the top of the pipe or conduit at all points, and the pipe or
conduit shall be encased on all sides by at least six (6) inches of concrete.

(5) The weight of
a pipe and its contents during normal operating conditions at all points must
exceed that of an equal volume of water, or the applicant must provide the
division with sufficient information to show that the pipe and joints have
sufficient strength. (7 Ky.R. 365; eff. 11-6-80; TAm eff. 8-9-2007.)